The term "Responsible Person" appears throughout UK fire safety legislation — but it's frequently misunderstood. Many people assume it refers to a specific qualified role or someone who has been formally appointed. In reality, it's a legal concept that attaches automatically to certain people — whether they know about it or not.
This guide explains exactly who the Responsible Person is, what they're required to do, and what the consequences are of getting it wrong.
Where does "Responsible Person" come from?
The term is defined in the Regulatory Reform (Fire Safety) Order 2005 (RRFSO), which is the primary fire safety legislation for non-domestic premises in England and Wales. The RRFSO replaced a patchwork of older legislation (including the Fire Precautions Act 1971) with a single, risk-based framework.
Under Article 3 of the RRFSO, the Responsible Person is defined as:
- In relation to a workplace: the employer, or the person who has control of the premises
- In any other case: the person who has control of the premises, or the owner
You do not need to be named, appointed or to have agreed to be the Responsible Person. If you are the employer, the owner, or the person with day-to-day control of non-domestic premises, you are the Responsible Person — and the duties apply to you automatically.
Who is the Responsible Person in practice?
In practice, the Responsible Person varies depending on the type of premises:
| Premises type | Likely Responsible Person |
|---|---|
| Company office or workplace | The employer (the company, not just its directors) |
| Tenanted commercial premises | The occupying tenant (for the demised area); the landlord (for common areas) |
| Multi-let building | Multiple Responsible Persons — each occupier for their space, the landlord for shared areas |
| Care home or residential facility | The registered provider or operator |
| School | The governing body or academy trust |
| Hotel | The hotel operator or management company |
| Common areas of a block of flats | The freeholder or managing agent |
In many cases, there will be more than one Responsible Person for the same building — for example, a landlord (for the common areas) and multiple tenants (for their individual units). Where there are multiple Responsible Persons, they are required to cooperate and share relevant information with each other.
What is the Responsible Person required to do?
The RRFSO places a significant number of duties on the Responsible Person. The most important are:
1. Carry out a fire risk assessment
The Responsible Person must ensure that a suitable and sufficient fire risk assessment is carried out for the premises, and that it is kept up to date. If the organisation employs five or more people, the significant findings and any special measures must be recorded.
2. Implement the findings
A fire risk assessment is worthless if its recommendations are not acted on. The Responsible Person must implement appropriate fire safety measures — physical, procedural and managerial — based on the findings of the assessment.
3. Provide information to employees and others
Staff must be told about the risks identified, the measures in place to protect them, and what to do in case of fire. This includes informing any other Responsible Persons in the same building.
4. Provide fire safety training
All employees must receive adequate fire safety training on induction, and refresher training at regular intervals. Fire wardens require additional, more detailed training.
5. Maintain fire safety equipment
The Responsible Person must ensure that all fire safety equipment is properly maintained — including fire alarms, emergency lighting, fire extinguishers, fire doors and sprinkler systems. Maintenance records must be kept.
6. Ensure means of escape are adequate and maintained
Escape routes must be kept clear, properly signed, adequately lit and suitable for the number of people who might need to use them.
7. Review the assessment regularly
The assessment must be reviewed whenever there is reason to believe it is no longer valid, or following a significant change to the premises or its use. Annual review is standard practice for most premises.
The duties under the RRFSO are not just corporate obligations. The Responsible Person can be prosecuted personally for failures — and in serious cases, conviction can result in an unlimited fine or imprisonment. Following the Grenfell Tower fire, prosecutions of Responsible Persons have become more common, and the courts take these cases seriously.
Can the Responsible Person delegate these duties?
Yes — but with important caveats. The Responsible Person can appoint a "competent person" to assist them in meeting their fire safety duties. This is common practice: many organisations appoint a fire safety manager, use an external fire risk assessor or contract with a specialist like Erif to manage ongoing compliance.
However, delegation does not transfer legal responsibility. The Responsible Person remains legally liable for compliance. If the appointed competent person makes an error or falls short, it is the Responsible Person who faces enforcement action — not the contractor.
This is why choosing the right fire and security partner matters so much. You are trusting them with your legal duties.
What happens if the Responsible Person fails in their duties?
Fire and Rescue Authorities carry out fire safety inspections and have the power to issue:
- Enforcement notices — requiring specific improvements within a set timeframe
- Prohibition notices — restricting or preventing use of the premises until issues are resolved
- Prosecution — criminal proceedings against the Responsible Person, with potentially unlimited fines and/or imprisonment
In addition, failure to meet fire safety duties can invalidate insurance policies, create civil liability to injured parties and — in the most serious cases — result in loss of life.
How Erif supports Responsible Persons
We work with Responsible Persons across every sector to help them meet their obligations confidently and without the stress of managing everything themselves. From fire risk assessments and ongoing maintenance to staff training and digital record-keeping, we provide the specialist support that lets Responsible Persons discharge their duties properly.
If you're not sure whether your current fire safety arrangements are adequate, get in touch for a free, honest review.